Some in Alabama would get storm shelter rules exemption in Legislature's bills (gallery)

MONTGOMERY, Alabama -- State senators whose districts were hit hard in last year's tornado outbreak hope to exempt some family storm shelters from what they consider needless new oversight by the state agency that regulates mobile homes.

The legislation sponsored by Sens. Paul Bussman of Cullman and Gerald Allen of Tuscaloosa would restrict the Alabama Manufactured Housing Commission's attempts to regulate the prefab storm shelter industry.

"I have always opposed additional and unnecessary regulation, and this to me is a prime example of overregulation," Bussman said in an email. "These are temporary storm shelters, not living quarters."

Jim Sloan, the administrator of the Manufactured Housing Commission, has said in the past that his agency's oversight is needed to protect consumers whose interest in shelters soared after last April's deadly tornadoes. But he would not comment this week on the bill that would restrict the commission's authority.

The measure would apply to prefab shelters that hold no more than 12 people; that aren't wired, heated or plumbed; and that meet safety standards such as those established by the Federal Emergency Management Agency. The legislation would remove these shelters from the state commission's oversight, but would require their manufacturers to post a $20,000 bond with the Alabama Emergency Management Agency.

That would give consumers with complaints about storm shelters an avenue to have their problems addressed, Bussman said.

Jill Vahldieck of Madison County isn't so sure. The Harvest woman, whose house was damaged on April 27 and in other storms last year, said an underground shelter installed at her home in June has already shifted and cracked. She has complained to the vendors, but said no action has been taken so far to resolve her complaints.

"This is a total disaster," she said of her shelter, which cost her more than $6,000. "It took every bit of money I had, and I did it because I was scared to death. ... Now, I'm sitting here with a lot of money down the tubes."

She said the Manufactured Housing Commission says her shelter was not properly installed and that those who built it and put it in place didn't hold proper credentials from that agency. Based on her experience with the shelter business, she said, "They need to be regulated."

Aqua Marine Enterprises, which made the Safe-T-Shelter installed at Vahldieck's home, strongly disputes her version of events, as well as the Manufactured Housing Commission's claim that it has been operating illegally.

Robert Mitchell, president and CEO of the Danville company, said Vahldieck's problems were caused by landscaping work she did around the shelter, and that his company attempted to address her complaints. "We've tried to work with her," he said.

His company has been in the shelter business 17 years, he said, and his products meet FEMA's standards. While he said he'd be happy to see legitimate regulation to address less-reputable companies, Mitchell said the Manufactured Housing Commission's attempt to oversee the industry is "ridiculous."

"These people don't even know how to tie down a house trailer," he said.

The Manufactured Housing Commission's regulatory attempts also have sparked considerable criticism from disaster officials, who say the interference threatens to delay the installation of life-saving shelters at Alabama homes. Among other issues, thousands of Alabamians are awaiting federal grants to defray the cost of shelters, and their applications did not anticipate added costs for new licenses and fees.

Nonetheless, in response to a question late last year from the state's top disaster official, Attorney General Luther Strange issued an opinion saying the Manufactured Housing Commission has the legal authority to regulate prefab shelters.

Now, for the first time, the commission has said companies that make, install or sell prefab shelters must meet its requirements for licensing, insurance and bonding. It also says prefab units must be inspected when they are installed.

Allen said he heard a number of complaints about the requirements, and he said the goal should be to ensure more storm protection for Alabamians. "Sometimes, government gets in the way," he said.

'Never before have they cared. This is a money issue ...'

Bussman said the Manufactured Housing Commission is simply trying to cash in by collecting fees for the various licenses, the required training sessions and the certification of shelter plans. "Never before have they cared," Bussman said. "This is a money issue to them."

State Sen. Arthur Orr, whose district includes parts of Madison County and whose office was contacted by Vahldieck, said he believes the question of shelter regulation is a little more complicated.

While he agrees that the Manufactured Housing Commission should not regulate the prefabricated storm shelters themselves, he said it's worth considering whether the installation of shelters needs some kind of oversight.

"Is that something building codes would regulate?" he asked. "That's something that bears looking into."